Urgent Appeal
Dear Mr La Rue
Indonesia: Two Papuan students
arrested and tortured for calling
for the release of political
prisoners
We are writing to you on behalf
of TAPOL and the undersigned
organisations regarding the
violent dispersal of a demonstration
in Jayapura, Papua, on 2 April
2014, and the arrest and torture
of two students, Alfares Kapisa
and Yali Wenda. While the students
have now been released, we believe
that police conduct violated
the fundamental rights to freedom
of expression and assembly,
the right to freedom from torture,
the UN Basic Principles on the
Role of Lawyers and the UN Body
of Principles for the Protection
of All Persons under Any Form
of Detention and Imprisonment.
The incident was particularly
disturbing as the demonstration
was calling for the release
of political prisoners and the
opening of democratic space
in Papua. Students taking public
actions to defend the rights
to free expression and free
assembly are considered human
rights defenders, therefore
their protection is of special
concern.
| |
Students taking public
actions to defend the
rights to free expression
and free assembly are
considered human rights
defenders, therefore
their protection is
of special concern.
|
It is our view that this incident
is representative of a serious
and worsening trend in the silencing
of free expression in Papua
and the torture of Papuan activists
that has been ongoing for some
months. It would appear that
situation has not improved since
May 2013 when the High Commissioner
for Human Rights issued
a statement
expressing
serious concern about the crackdown
on demonstrations across Papua
and we submitted to your office
an urgent
appeal concerning violations
of the right to freedom of expression.
A vicious circle is now being
perpetuated in which those protesting
against not being allowed to
protest are themselves being
arrested and subjected to abuse.
The situation is made worse
by the severe restrictions on
access to Papua which affect
foreign media, international
organizations and of course
you yourself as freedom of expression
mandate holder.
We believe that the pattern
of arbitrary arrest and the
use of excessive force and torture
in detention by police in Papua
will continue unless action
is taken. We are concerned for
the safety of the victims, who
have been intimidated by police
intelligence agents since their
release, and that the right
to remedy of the victims will
not be fulfilled by the Indonesian
government. We therefore urge
you to:
-
Raise this case with the
Indonesian government, stressing
the right to remedy, reparation,
restitution, compensation,
non-repetition, and punishment
of the perpetrators, in
line with the UN Guidelines
on the right to remedy.
-
Raise this case and the
serious and worsening trend
that it represents (and
which the victims were trying
to highlight) in a public
statement.
Executive summary
On 2 April 2014, two Papuan
students were arrested at a
demonstration demanding the
unconditional release of Papuan
political prisoners at Cenderawasih
University (Universitas
Cenderawasih,
UNCEN) in Jayapura.
Alfares Kapisa and Yali Wenda
were detained at Jayapura police
station for over 24 hours, and
were maltreated and tortured
on arrest, in the police truck
and while at the police station.
Three attempts by human rights
lawyers to access the detainees
were blocked by the police,
with the specific knowledge
of the Chief of Jayapura police
Alfred Papare who himself directly
forbade access. The two men
were forced to sign a police
investigation report stating
they had not been beaten. On
3 April the two men were released
and seen by a doctor at Dian
Harapan Hospital in Waena, Jayapura,
however a doctor’s report could
not be obtained as the doctors
were forbidden by Jayapura police
to release the report – either
to the patients, their families
or their lawyers. Since the
two men were released, Yali
Wenda states that he has been
intimidated by police intelligence
agents.
Facts of the case: detail
On 28 March 2014, Yali Wenda
of Student Solidarity for Political
Prisoners (Solidaritas
Mahasiswa Peduli Tapol)
submitted a letter to the Jayapura
City police (Polres
Kota
Jayapura) informing them
of the planned peaceful actions
on 2 April. The police advised
him to return on 1 April to
collect a letter confirming
police receipt of their notification
(surat
tanda terima pemberitahuan,
STTP). He duly returned on 1
April, but instead of being
given this confirmation letter
he was asked to sign a nine-point
letter guaranteeing that the
2 April demonstration would
be peaceful. Police promised
to provide the confirmation
letter on the morning of 2 April.
Yali Wenda signed the letter
as requested.
On 2 April two demonstrations
took place, one at Cenderawasih
University (Universitas
Cenderawsih, UNCEN) in
Waena and one in Abepura a few
kilometers away. While the event
in Abepura ran smoothly, the
demonstration at UNCEN ended
in a confrontation between the
police and demonstrators.
At around 08:00 eastern Indonesia
time students gathered at UNCEN
in Waena for the demonstration.
Not much later, three trucks
of Jayapura Crowd Control police
(polisi
Pengendalian Massa, Dalmas)
and three trucks of police Mobile
Brigades (Brigades
Mobil, Brimob) arrived,
along with a water canon and
a barracuda tank. At around
10:20, demonstrators at UNCEN
decided to long march to join
their associates in Abepura.
The police blocked them. Seeing
the situation become tense,
the assistant of Rector III
of UNCEN prepared two trucks
to transport the students. However
the police detained these trucks
and ordered them to return home.
Police under the control of
Head of Jayapura police Alfred
Papare ordered the crowd to
disperse, but the crowd did
not do so.
Alfares Kapisa (Field Coordinator
of the demonstration) and Yali
Wenda (who had earlier given
a speech at the demo) approached
the police to negotiate. Yali
Wenda states
| |
Following the arrest
of the two students,
police began to shout
racist insults at the
remaining indigenous
student demonstrators,
calling them ‘monkeys’
and ‘idiots.’ During
this time, police also
detained several older
indigenous women who
were passing and said
“we are going to torture
your mothers.”
|
“Without saying anything first,
the police arrested us. After
arresting us they beat us and
threw us roughly in the crowd
control truck. For around 1.5
hours we were held in the truck
while being beaten with rifle
buts, kicked with jackboots,
beaten with rattan sticks and
their fists. There was nothing
we could do, only protect our
heads and faces with our hands.”
Following the arrest of the
two students, police began to
shout
racist insults
at the remaining indigenous
student demonstrators, calling
them ‘monkeys’ and ‘idiots.’
During this time, police also
detained several older indigenous
women who were passing and said
“we are going to torture your
mothers.” The crowd at this
point became emotional and started
throwing stones at the police.
Police reportedly then fired
11 shots and teargas at the
demonstrators. Jayapura police
officially
deny
firing shots at the demonstrators.
Papuan media
stated
that students fled the
site of the demonstration and
sought cover in the campus as
police fired shots.
The event in Abepura proceeded
peacefully and demonstrators
were able to read out their
statement which called for the
release of 76 Papuan political
prisoners, the opening of democratic
space, and access for journalists,
researchers and UN observers
to Papua.
Arrest, maltreatment and torture
The treatment of Alfares Kapisa
and Yali Wenda included torture,
cruel, inhuman and degrading
treatment, and constitutes an
affront to human dignity.
After around 1.5 hours in the
Jayapura police crowd control
(Pengendalian
Massa, Dalmas) truck, Alfares
Kapisa and Yali Wenda were brought
to the Jayapura police station.
During the journey they were
forced to lie facedown in the
truck while police put their
riot shields on top of the two
men and trampled on them. After
this the police administered
electric shocks to the two men
using electric stun batons,
until their arrival at the police
station.
Yali Wenda states that he was
beaten with rifle buts on his
head, shoulder, cheek and ear.
His head was beaten repeatedly
against the truck, he was beaten
on his left side, and his fingers
and toes were stamped on with
jackboots. Police noticed that
he had a small wound on his
foot then stamped on it, making
it bigger. He states that this
was very painful.
On arriving at the Jayapura
police station, the two men
were brought out of the truck,
taken to the criminal investigation
unit (Reserse
Kriminal, reskrim) and
put in a cell. The men state
that their jackets were covered
with blood. After they were
put in the cell, the police
called a doctor, who forced
them to hand over their jackets
and clothes. The police took
them away and brought other
clothes. The jacket and clothes
which were covered in blood
were washed clean. The doctor
cleaned the wounds and stitched
up the ear of Yali Wenda with
three stitches. This was done
without alcohol/anaesthetic
so he states that it was very
painful. The men were then left
alone until morning. Alfares
Kapisa made the following statement:
“We were beaten as if we were
not human beings. Our bodies
were covered in blood. In the
middle of the night the police
doctor came and bathed us and
cleaned our wounds. He forced
us to change our bloodstained
clothes for fresh ones in order
to get rid of the evidence.
We were beaten from head to
toe, all over our bodies. Our
heads were bleeding. I think
my ribs are broken and Yali’s
ear is torn, he has had three
stitches. It is very painful
for us to sit, and we can barely
eat. My body is still shaking.”
The victims state that in their
view, the intention of the torture
and cruel, inhuman and degrading
treatment was to punish them
for the demonstration and to
deter them from carrying out
any further actions critical
to the government.
On 3 April between 08:00–11:00
the police investigator at Jayapura
police station interrogated
Alfares Kapisa and Yali Wenda.
During this period, the two
men state that police falsified
the police investigation report
(berita
acara pemeriksaan, BAP)
and forced them to sign it,
as well as forcing them to promise
not to carry out any more demonstrations.
A
report
by Australian website
New Mathilda cites Yali Wenda
as stating:
““[The police] asked us who
else was involved in the action,
if we knew certain people or
where they lived. The police
said there was no need to demonstrate.
They asked why we were involved
in the action, why we wanted
to demonstrate to free political
prisoners. The police wrote
a statement. I saw the police
write that we weren't beaten
then they forced us to sign
it. They also asked us to sign
a statement that we would not
carry out any other demonstrations.
The police accused us of being
criminals, of attacking them
when in fact it was the police
who beat us. We complained that
what the police wrote was not
right but the police just forced
us to sign the statement.”
At 12 noon they were released,
and were taken to Dian Harapan
hospital in order to receive
treatment and obtain a medical
report. They were also interviewed
by human rights workers. The
following summary was provided
by the Commission for Missing
Persons and Victims of Violence
in Papua (Komisi
untuk Orang Hilang dan Korban
Tindak Kekerasan di Papua,
KontraS Papua).
|
Name
|
Age and sex
|
Work
|
Wounds
|
Instruments used
|
Perpetrator
|
|
Alfares Kapisa
|
24 years, male
|
Medical student,
Cenderawasih University,
Jayapura
|
Swollen eye and
temple, top centre
of head swollen,
wounds on the body
from electric stun
baton.
|
Electric stun baton,
rattan baton, rifle
but, jackboots,
fists.
|
Members of Jayapura
police station Crowd
Control unit (Dalmas
Polresta Jayapura)
|
|
Yali Wenda
|
21 years, male
|
Social and political
sciences student,
Cenderawasih University,
Jayapura
|
Left ear torn requiring
three stitches.
Swollen chin. Wounds
on the body from
electric stun baton.
|
Electric stun baton,
rattan baton, rifle
but, jackboots,
fists.
|
Members of Jayapura
police station Crowd
Control unit
(Dalmas
Polresta Jayapura)
|
As at
16 April 2014, the victims report
that they are still in pain
and Alfares Kapisa is in need
of medication. The costs of
this treatment are currently
being covered by Jayapura-based
civil society organization the
Secretariat for Justice, Peace
and the Integrity of Creation
(Sekretariat Keadilan, Perdamaian
dan Keutuhan Ciptaan
Fransiskan Papua,
SKPKC) rather than
by the Indonesian government.
Lawyers denied access
On 2 April at 19:30 lawyer Olga
Hamadi and Pastor Dora Balubun
visited Jayapura police station
at the request of the parents
of Alfares Kapisa. They met
three police from the Criminal
Investigation unit (Reserse
Kriminal, Reskrim) and
requested to see the two detainees,
but were refused access. The
police said that permission
from the Chief of Jayapura City
police (Alfred Papare) was required.
They also said that it was evening
so the lawyers could not meet
the detainees. Olga Hamadi contacted
the Head of Jayapura Police
and requested to meet the students
but the call was cut. She then
received a message from him
stating he would call her later.
There was no call. Lawyer Gustaf
Kawer also contacted Alfred
Papare requesting permission
for lawyers to meet the students,
but permission was denied.
On 3 April at 09:00, while the
two students were being interrogated,
lawyer Ivon Tetjuari arrived
at the police station and asked
to meet the students, however
she was denied access. She protested
and reminded the police officials
that lawyers have the right
to access clients 24 hours a
day. The police officials denied
access on the basis that interrogation
was currently underway. Ivon
Tetjuari protested the fact
that interrogation was occurring
without the presence of a lawyer.
She then met with the Chief
of Jayapura Police, Alfred Papare,
who told her the two detainees
had been arrested because they
violated the terms of the letter
which had been signed by Yali
Wenda before the demonstration.
Ivon Tetjuari stated that the
legal team would begin legal
proceedings against the Chief
of Jayapura Police for his arbitrary
actions if the students continued
to be detained. Lawyer Gustaf
Kawer also communicated this
to the Chief of Jayapura Police.
Human rights lawyers in Jayapura
report that they are frequently
denied access to indigenous
Papuan political detainees,
a pattern of systematic discrimination
which is in violation of points
8 and 16a) f the UN Basic Principles
on the Role of Lawyers, as well
as Principle 18)3 of the UN
Body of Principles for the Protection
of All Persons under Any Form
of Detention and Imprisonment.
Police forbade doctors to release
medical report
On 3 April following their release,
the two patients were seen by
a doctor at Dian Harapan hospital,
Waena, Jayapura. When a medical
report was requested, they were
told that this could not be
released without a letter from
the police. Alfares Kapisa and
Yali Wenda did not want to go
to the Jayapura police station
to request this letter, as they
had just been maltreated and
tortured by these same police.
On 4 April, lawyer Olga Hamadi
visited Dian Harapan hospital
and requested the medical report,
however she was also refused.
On requesting the result of
the medical check-up the doctor
had conducted, she was told
only that the doctor had x-rayed
the two patients’ heads and
bodies and there were no broken
bones.
Lawyer Olga Hamadi visited doctors
at a different hospital to request
that they see the two victims
and produce a medical report,
however they stated that they
could not make a medical report
without a request from the police.
Such denial of access to a medical
report violates Principle 26
of UN Body of Principles for
the Protection of All Persons
under Any Form of Detention
and Imprisonment which states
that ‘Access to such records
shall be ensured.’
Victim intimidated after release
Yali Wenda states that since
his release on 3 April 2014
he has been visited twice by
police intelligence agents who
asked him whether he is scared
after being beaten.
Right to remedy: the need for
intervention
Indonesia’s national legislation
specifically states that police
must “refrain from instigating
or tolerating any act of torture
or other cruel, inhuman or degrading
treatment or punishment,” under
Regulation No.8/2009 of the
Chief of the National Police
regarding the Implementation
of Human Rights Principles and
Standards in the Discharge of
Duties of the Indonesian National
Police.
However, political detainees
in Papua are frequently beaten,
tortured then denied medical
care and attention. There have
been two cases during the last
year in which political detainees
were beaten so severely that
they experienced mental health
issues and authorities were
forced to release them (Boas
Gombo
and
Yohanes
Boseren).
In both cases the right to remedy
was denied and there have been
no reparations, restitution
nor compensation, nor to our
knowledge have the perpetrators
been punished. There have been
no effective steps taken to
ensure that these actions were
not repeated, as is evidenced
by the torture of Alfares Kapisa
and Yali Wenda on 2–3 April
to which we are now drawing
your attention.
In the case of the
torture
of seven men in Depapre,
Jayapura in February 2013, pressure
brought by international, national
and local human rights groups
lead to at least one small step
towards fulfillment of the right
to remedy. When the two men
who were prosecuted, Matan Klembiap
and Daniel Gobay, were transferred
to Abepura prison, they report
that they were visited by the
the Division on Professionalism
and Security prison (Provos
Pengamanan, PROPAM). The
officials were seeking to investigate
allegations of police torture
and gain agreement from the
victims to pursue justice. However,
the victims judged that the
risk of revenge attacks by the
perpetrators was too great,
and did not take the process
further. Such steps towards
remedy, however small, are positive.
Local lawyers and we at TAPOL
have no knowledge of such steps
having been taken in other cases.
In summary, previous experience
suggests that the rights of
the victims to remedy, reparation,
restitution, compensation, non-repetition,
and punishment of the perpetrators
is unlikely to be fulfilled
by the government of Indonesia
without intervention. In the
case of Matan Klembiap and Daniel
Gobay, interventions appeared
to have a positive effect at
encouraging government institutions
to take steps towards fulfilling
their obligations, although
these were minimal.
Background and context
In 2013, according to information
from civil society monitoring
collective
Papuans
Behind Bars,
there were 537 political arrests
in Papua, more than double the
number of arrests in 2012. Data
from the same organization also
states that the number of cases
of torture and ill treatment
during 2013 has tripled. The
arrest and torture of Alfares
Kapisa and Yali Wenda is part
of an urgent and worsening trend
in the lack of respect for human
rights by security forces in
West Papua.
This worsening trend follows
the appointment in September
2012 of Tito Karnavian as Chief
of Police in Papua. Karnavian
is former head of the controversial
anti-terror unit Special Detachment
88 (Detasemen
88, ‘Densus 88’) which
has been accused of numerous
human rights abuses.
As noted, independent monitoring
and verification of abuses in
Papua remains difficult due
to a de facto ban on international
journalists, humanitarian and
human rights organizations wishing
to enter the region.
Contacting the victims
Alfares Kapisa and Yali Wenda
may be contacted via Papuan
human rights organization The
Commission for Missing Persons
and Victims of Violence in Papua
(Komisi
untuk Orang Hilang dan Korban
Tindak Kekerasan di Papua,
KontraS Papua).
Sources
The information in this appeal
letter is based on: ‘Action
Monitoring Report,’ Student
Solidarity for Political Prisoners,
3 April 2014; ‘The forced dispersal
of student action, arrest and
torture of Alfares Kapisa and
Yali Wenda,’ KontraS Papua,
received 9 April 2014, ‘The
Indonesian system is used to
destroy Papuans,’ Marni Cordell
and Alex Rayfield, New Matilda;
messages from students of the
Student Solidarity for Political
Prisoners, and messages from
Markus Haluk, General Secretary
of the Alliance of Students
from the Central Mountains of
Papua (Aliansi
Mahasiswa Pegunungan Tengah
Papua, Indonesia, AMPTPI).
Petition
The arrest and torture of these
two men are part of a worsening
pattern of arbitrary arrest,
use of excessive force by police
and torture in detention, aimed
at preventing free speech and
free assembly among indigenous
activists and human rights defenders.
We are concerned that this pattern
will continue to worsen. We
are also concerned for the safety
of the victims, and furthermore
that the right to remedy of
the victims will not be fulfilled
by the Indonesian government.
We therefore urge you to raise
this case with the Indonesian
government, stressing the right
to remedy, reparation, restitution,
compensation, non-repetition,
and punishment of the perpetrators,
in line with the UN Guidelines
on the right to remedy.
Yours sincerely
Paul Barber
Coordinator, TAPOL
Watch Indonesia! Germany
West Papua Netzwerk, Germany
International Coalition for
Papua, Germany
Asian Human Rights Commission,
Hong Kong
Franciscans International, Geneva
East Timor and Indonesia
Action Network, United States
Australian West Papua Association,
Sydney, Australia
Peace Movement Aotearoa, New
Zealand
Pax Christi Aotearoa, New Zealand
West Papua Action Auckland,
New Zealand
Survival International
cc.
Ms Navi Pillay, UN High Commissioner
for Human Rights
Mr Juan Mendez,
UN Special Rapporteur on torture
and other cruel, degrading or
inhuman treatment or punishment
Mr Maina Kiai, UN Special Rapporteur
on the rights to peaceful assembly
and association
Mrs Margaret Sekaggya, UN Special
Rapporteur on human rights defenders
The UN Working Group on Arbitrary
Detention
